Kerala High Court
Annamma Jacob vs The State Police Chief on 3 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
WP(C) NO. 13571 OF 2021
PETITIONER:
ANNAMMA JACOB
AGED 62 YEARS
W/O. JOSE K.K, RESIDING AT TC 13/1183, RAJEEV GANDHI
NAGAR, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-695 011
BY ADV SABU S.KALLARAMOOLA
RESPONDENTS:
1 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD, THYCAUD P.O,
THIRUVANANTHAPURAM-695 014.
2 THE STATION HOUSE OFFICER,
MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE,
THIRUVANANTHAPURAM-695 011
3 PRAKASH P.R,
S/O. RAJAN PANICKER, TC 17/922, MERA-161(1), RAJEEV
GANDHI NAGAR, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-
695 011
BY ADV K.NIRMALAN
SRI E.C BINEESH- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13571 OF 2021
2
JUDGMENT
The petitioner says that she has been constrained to
approach this Court on account of the threats and intimidations
being meted out to her by the 3 rd respondent, who is her
immediate neighbour.
2. I notice from the files that a learned Judge of this
Court had issued an interim order on 08.07.2021, directing the 2nd
respondent to ensure that no physical harm is caused to the
petitioner by the 3rd respondent.
3. When this matter was called today, the learned counsel
for the petitioner submitted that, consequent to the afore interim
order, the 3rd respondent has not caused any harassment to her, but
she apprehends that he may do so in future.
4. The learned Government Pleader - Sri.E.C.Bineesh,
submitted that police are keeping a constant watch on the
petitioner and her property and that necessary measures will
always be ensured that she is not put to any harm from the 3 rd
WP(C) NO. 13571 OF 2021
respondent.
5. Sri.S.Nirmal - learned counsel appearing for the 3rd
respondent, submitted that the allegations made by the petitioner
against his client are all without basis and that there were certain
civil disputes pending between him and the petitioner and her
husband earlier, which have been settled. He, however, conceded
that now there are some disputes with respect to a car shed and
that his client has approached the Corporation of
Thiruvananthapuram appropriately, invoking his remedies. He
submitted that all the other allegations are baseless and undertook
that his client will not cause any harm to the petitioner or her
property, as has been alleged by her.
Taking note of the above submissions and recording the
undertakings of Sri.S.Nirmal as afore, I dispose of this writ
petitions, directing the 2nd respondent - Station House Officer, to
ensure that the life and property of the petitioner are protected
from any threat or intimidation from any source, including the 3rd
respondent; and to act as and when any complaint is made by her
WP(C) NO. 13571 OF 2021
in this regard swiftly and quickly.
I, however, make it clear that this Court has not considered
any of the contentions of the rival parties with respect to their
internecine civil disputes, if any, and that they are all left open, to
be pursued by them appropriately.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS/03/09/2021
WP(C) NO. 13571 OF 2021
APPENDIX OF WP(C) 13571/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FINAL CHARGE SHEET WITH
WOUND CERTIFICATE IN CRIME NO. 369/2005 OF
MEDICAL COLLEGE POLICE STATION.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 12.04.2021 OF
TOWN PLANNING OFFICER, CORP. OF
THIRUVANANTHAPURAM.
Exhibit P3 TRUE COPY OF THE COMPLAINT 13.04.2021 FILED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
ALONG WITH RECEIPT.
Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER'S SON IN THE OFFICIAL E-MAIL ID OF
THE DIRECTOR GENERAL OF POLICE.
Exhibit P5 TRUE COPY OF THE ORDER DATED 4.5.2021 PASSED
UNDER SECTION 406(1) AND (2) KERALA
MUNICIPALITIES ACT AND RULES BY THE SECRETARY
OF CORP. OF THIRUVANANTHAPURAM.
